B.R. INDUSTRIES Vs. MEGHA CASHEW PVT. LTD.

JUDGEMENT

(1.) In this appeal filed under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908, the order dated 08.03.2019 passed by the District and Sessions Judge, Ri-Bhoi District, Nongpoh in Msc. Case No. 1 of 2018 arising out of the Title Suit No. 1 of 2018 has been impugned by the plaintiff/appellant.

(2.) Learned counsel for the plaintiff/appellant submitted that vide impugned order dated 08.03.2019, the trial court while adjudicating the interim injunction application, in paragraph 8 has restrained the defendant/opposite party from using registered trademark 'Megha/Megha Cashew' of the plaintiff/appellant on the pouch and from selling the products in pouch packets/labels similar to the plaintiff/petitioner's registered trademark 'MEGHA' in any packing having a similar and/or deceptively similar to the plaintiff/petitioner's registered trademark 'MEGHA' in any manner whatsoever whether by themselves or their agents, assigns or otherwise till final disposal of the main suit in T.S. Case No. 1 of 2018.

(3.) Learned counsel claimed that the defendant/respondent has violated the aforesaid order. It was further stated that the plaintiff/appellant shall take appropriate remedies under the provisions of Order XXXIX Rule 2A of the CPC or any other provision of law in accordance with law. In view of the above, it was prayed that the appeal may be disposed of as such. Ordered accordingly.